Research On False Litigation

The crime of false litigation refers to the act of bringing a civil lawsuit against the fabricated facts,obstructing the judicial order or seriously infringing on the legitimate rights and interests of others.Separating the crime of false litigation into punishment is conducive to curbing false litigation,saving judicial resources,maintaining the normal stability of the judicial order,and protecting the legitimate rights and interests of citizens.As a new crime,the crime of false litigation has been interfered by human factors in application.The actor and the lawyer and the judge colluded together,colluding to falsify the evidence,making the filing difficult,and coordinating other related crimes such as this crime and fraud.Therefore,it is of great theoretical and practical value to study the crime of false litigation in depth.The basic structure of the crime of false litigation can be divided into four aspects: the legal protection of the false litigation crime,the type of behavior,the subject of responsibility and the subjective crime.The legal protection of the crime of false litigation is manifested in the judicial order and the legitimate rights and interests of others.It is worth noting that these two objects are progressive,and the violation of the legitimate rights and interests of others involves the destruction of the judicial order.False litigation behaviors are characterized by impunity in criminal law.Only a complete fictitious creditor-debt relationship can constitute a false litigation crime.At the same time,this crime also has room for establishment in administrative litigation.In terms of the subject of responsibility,an expanded explanation should be made.The original defendant can be the subject of crime of false litigation,and the unit,other outsiders,and judicial staff can also become the subject.The criminal subjective crime of false litigation is directly intentional or indirect,not including negligence.The criminal preparation of the false litigation crime is manifested in the two aspects of forging evidence and filing a lawsuit in the court.Since the preparatory form does not cause serious social consequences,it does not have the necessity of criminal punishment.The establishment of the false sin is based on the wrong judgment of the people's court.The attempt of this sin means that although it has already started,it has failed to make the court make a judgment against the facts due to reasons other than the will.Offenders are usually treated with a suspended sentence.The suspension form of false litigation crimes adopts non-payment of legal fees or negative inaction as a means of non-compliance,automatically waiving the implementation of false litigation or effectively preventing the occurrence of criminal outcomes,and reducing the punishment for suspended criminals is conducive to better curbing crime.In the judicial practice,the crime of false litigation is usually not only the plaintiff,but also involves the collusion between the parties and witnesses,appraisers and other litigants,and the parties and the judicial staff to carry out the false litigation.False litigation The instigator of sin relies on the realization of the crimes committed by the instigator.The helper of the crime does not require specific participation in the forgery of evidence and the initiation of civil proceedings,as long as it provides physical or psychological help to the perpetrator.In practice,there may also be a problem of the determination of the number of crimes of false litigation.It is necessary for us to clarify the number of crimes of imaginary competing criminals and implicated offenses,and provide clear guidance for the accurate application of false litigation crimes.The problems encountered in practice avoid the judgment of the wrong case and prevent the occurrence of different judgments in the same case.